Gambiaj.com – (BANJUL, The Gambia) – The Gambia Bar Association (GBA) says it was left with no option but to seek legal intervention over the appointment of the country’s new Chief Justice after state authorities failed to respond to concerns it had raised about the process.
GBA President Neneh Cham said the association wrote to President Adama Barrow, the Attorney General and the Judicial Service Commission after learning that Senior Counsel Edi M.O. Faal was being considered for the position.
According to Cham, the Bar raised concerns over what it considers a constitutional issue relating to the qualification requirements for appointment as Chief Justice under Section 139 of the Constitution.
‘It Is About the Law’
Cham stressed that the association’s concerns were not directed at Faal personally, whom she described as a respected legal practitioner with a distinguished career.
Rather, she said, the GBA’s position was based on the need to ensure that constitutional provisions governing appointments to the country’s highest judicial office are strictly followed.
“We wrote to the appointing authority, His Excellency the President, to draw his attention in case he didn’t know. We also wrote to the Attorney General and the Judicial Service Commission,” she said.
Cham said the Judicial Service Commission acknowledged receipt of the Bar’s correspondence, but the association received no response from the President or the Attorney General despite subsequent follow-ups.
Legal Action as ‘Last Resort’
She said the lack of engagement ultimately contributed to the GBA’s decision to challenge the appointment in court after receiving confirmation that the appointment had been completed.
Cham maintained that legal action was a last resort, insisting that the association had first sought to resolve the matter through dialogue and engagement with the relevant authorities.
She said appointments to the highest judicial office must be conducted with transparency and in strict compliance with constitutional requirements to preserve public confidence in the judiciary.
“This is not about him. It is about the law being respected,” Cham said.
She added that the court case could provide an opportunity to clarify important constitutional questions surrounding the appointment of the Chief Justice and the requirements for occupying the office.
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